The Safety, Health and Welfare at Work (Pregnant Employees etc.) Regulations, 1994 implement the provisions of Council Directive 92/85/EEC which relate to the occupational health and safety of employees who are pregnant, have recently given birth or who are breast-feeding. The regulations are part of a comprehensive block of occupational health and safety legislation, but they also provide an additional and specific legal basis for protection during pregnancy and while breast-feeding.
The regulations identify a list of conditions known to affect either a pregnant woman, a breast-feeding woman or the developing child. There are three such lists identified (list 1, 2A and 2B). Lists 1 and 2A indicate those hazards to which a pregnant woman must not be exposed unless they are adequately controlled and List 1 and 2B indicates those hazards to which a breast-feeding woman must not be exposed unless they are adequately controlled. Adequate control means that the hazard is reduced to a level which will not harm the pregnant woman, the developing child or the breast-fed child.
Where risks are identified an employer must either eliminate the risks or put in place any safeguard possible to protect the health and safety of the employee. Such safeguards include changing the type of work, adjusting the working hours or moving the employee to other work. Where it is not possible to put such safeguards in place the employee must then be granted health and safety leave.
It should be noted that the intention of these regulations was, and is, to protect the health and safety at work of a pregnant or breast-feeding employee. While I recognise the importance of this issue I feel, however, that it is not an issue which is directly within my remit. On that basis I will undertake to consult with relevant Departments and Agencies to see how best the Deputy's concerns can be addressed.
